Jai Maa Bhawani Construction Pvt. ... vs The State Of Bihar
2023 Latest Caselaw 5167 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                           REQUEST CASE No.74 of 2023
     ======================================================

Jai Maa Bhawani Construction Pvt. Ltd. through its Managing Director namely Lalit Kumar Singh, Gender- Male, aged about- 66 years, Son of Late Bhishma Narayan Singh, Resident of Village Deodha, P.S. Deepnagar, District- Nalanda, Biharsarif.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

2. The Engineer-in- Chief, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

3. The Chief Engineer-3, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

4. The Superintending Engineer, Rural Works Department, Works Circle, Darbhanga.

5. The Executive Engineer, Rural Works Department, Works Division, Darbhanga-2.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Lal Babu Singh, Advocate

For the Respondent/s : Mr. Vikas Kumar, AC to AC ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

ORAL JUDGMENT Date : 07-10-2023

Heard learned counsel for the parties.

2. This application has been moved seeking

appointment of an Arbitrator invoking the powers of this Court under

Section 11(6) of the Arbitration and Conciliation Act, 1996.

3. Petitioner and the respondent entered into an

agreement dated 09.07.2016 (Annx.-1). The said agreement contains

an arbitration clause, as Clause-25. The petitioner invoked the Patna High Court REQ. CASE No.74 of 2023 dt.07-10-2023

said arbitration clause vide communication dated 24.03.2023

(Annexure-3) and notice dated 18.05.2023 (Annexure-5), but to

no avail.

4. It is pleaded that the respondents have not settled

the dispute till date and the dispute is of civil in nature.

5. Today, there is no dispute about-(a) the legality,

validity and binding effect of the written agreement entered

into between the parties to the lis; (b) the existence of

arbitration clause contained therein; (c) the existence of

dispute(s) arising there from; (d) the dispute arising out of the

agreement being civil in nature; (e) no legal impediment in the

adjudication of the dispute by the learned Arbitrator; (f)

Petitioner having exhausted the channel available for resolution

of the dispute; (g) the respondent having failed to appoint an

Arbitrator pursuant to the invocation of the arbitration clause

by the petitioner.

6. As such, with the consent of the parties, Mr.

B.N.Pandey, District & Sessions Judge (Retd.), is appointed as

learned Arbitrator to adjudicate all disputes arising out of

agreement entered into between the parties to the lis.

7. All pleas and issues raised, on merits, are left open

to be considered and decided by the learned Arbitrator.

Patna High Court REQ. CASE No.74 of 2023 dt.07-10-2023

8. The learned Arbitrator shall be entitled to fee as

per the schedule of the Act.

9. Since the dispute arises out of an agreement of the

year 2016, the hearing be expedited.

10. The issue of limitation, if any, is left open to be

raised before the Arbitral Tribunal.

11. Joint Registrar (List) is directed to communicate

the order to the learned Arbitrator.

12. Learned counsel for the parties also undertake to

communicate the order to the learned Arbitrator.

13. The Arbitral Tribunal shall issue notice to the

respondents.

14. The Request Petition stands disposed of in the

above terms.

(K. Vinod Chandran, CJ) Sujit/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          10.10.2023
Transmission Date